R.R.PRASAD, J. - (1.) This application filed under Section 482 of the Code of Criminal Procedure is directed against the order dated 2.6.2000 (Annexure -2) passed by learned Special Judge in Misc. Case No. 156 of 1996 whereby ad -interim order relating to attachment of the property in question was made absolute in terms of Section 5 of the Criminal Law (Amendment) Ordinance, 1944. Further order dated 15.10.2004 (An -nexure -4) has also been sought to be quashed whereby prayer made by the petitioner to recall the order attaching the property was refused and consequently receiver was appointed.
(2.) THE fact giving rise this application is that CBI filed an application on 29.8.1996 under Section 3 of the Criminal Law (Amendment) Ordinance stating therein that one Dr. Gouri Shankar Prasad while was serving as District Animal Husbandry Officer, Chaibasa and also in other capacities, was found indulging himself in fraudulent withdrawal of huge amount from the Government Exchequer in conspiracy with others and hence, several cases were lodged, such as R.C. No. 19(A) of 1996 PAT. R.C. No. 48(A) of 1996 PAT. R.C. No. 53(A) of 1996 PAT and R.C. No. 66 of 1996 PAT. It has been further stated that in course of investigation of these cases it transpired that he has floated several firms engaged in manufacturing medicines in the name of his wife, sons and other close relatives. Other properties including the properties in question were also found to have been acquired by ill -gotten money by committing scheduled offence by the said Dr. Gouri Shankar Prasad in the name of his sons, who at the time of acquisition of the properties were either minors or were pursuing their studies and as such, they had no independent source of income to have properties in their name.
(3.) ON filing of such application under Section 3 of the Criminal Law (Amendment) Ordinance along with copy of First Information Report of R.C. No. 19(A) of 1996 PAT for attachment of those properties, a Miscellaneous (Civil) No. 156 of 1996 was registered. In the said case, Dr. Gouri Shankar Prasad and his six relatives including the petitioners, who happen to be the sons of Dr. Gouri Shankar Prasad were made opposite parties. The details of the properties sought to be attached were given in the Annexure -2 of the said petition.;